EYACHHIN ALI NASKAR Vs. G0LAP GAZI

JUDGEMENT

(1.) THIS Rule is directed against an appellate order allowing an application for preemption made under Section 8 of the west Bengal Land Reforms Act, 1955. The impugned order was in reversal of the order of the learned munsif dated november 15, 1975 dismissing the Mis Case No. 42 of 1975 arising out of the said pre-emption proceedings.

(2.) THE petitioners who are the precmptees, purchased the 4 decimals of land of plot no. 249, khatian no 29 of mouza Makrampur, P. S. Sonarpur, district-24-Parganas by a conveyance dated February 15, 1975. The pre-emptor opposite party became a co-sharer of the land in respect of. 11/2decimals of land by virtue of his purchase dated december 21, 1959. It may be mentioned here that the connected jama as recorded in R. S. Khatian No. 29 comprises only of dag No. 249 which is recorded as bastu having an area of. 5 decimals. The application for pre-emption was rejected by the earned Munsif on the ground that in his evidence the pre-emptor stated that he did not purchase any part of the plot measuring :5 decimals obviously on a misunderstanding. Accordingly, it was held, he never became a co-sharer so that his application under section 8 was not maintainable in law,

(3.) BEFORE the appellate court the main contention was about the genuineness of the kobala dated December 21, 1959 whereby the pre-emptor opposite party purchased a portion of the dag of the jama. It was held that by the kobala of December 21, 1959, the opposite party became a co-sharer of the holding and as such he was emitted to pre-empt, the disputed property. In this view the application was held maintainable and the pre-emption was accordingly allowed.